RESERVATION – ONLINE EXAM NOTES
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PART - II
- When the 27% reservation given to OBCs in 1990 was Challenged before the Supreme Court of India, the Supreme Court of India tried to come up with a solution that is reasonal and strikes as fine balance between the Society and the rights of Backward Classes.
- The Judgement categorically said that backward Classes cannot be identified on the basis of Economic Criteria alone:
- In Indra Sawhney (Mandal Case), the supreme Court laid down the principles which we already stated in the previous Part Notes.
- National Commission for Backward Classes:
- National Commission for Backward Classes(NCBC) is a Constitutional Body under the Ministry of Social Justice and Empowerment – Government of India. Till 2018, it was only a Statutory body. It was given Constitutional Status under Article 338 B of the Constitution of India in 2018 only. It was established in the year 1993 by the National Commission for Backward Classes Act 1993 (Act 27 of 1993) whereas the Commission for SC and ST was established in 1978 and given Constitutional status in 1990.
- The NCBC investigates and monitors matters related to the Socially and Educationally Backward Classes (SEBC), advices on their socio-economic development and evaluates their progress. It also receives complaints of harassments, violence, injustice etc., against OBC – Communities and conducts enquiries as it functions with the powers of a Civil court during these inquiries. The parliament approves the inclusion or deletion of Communities from OBC list only on the recommendation of NCBC. NCBC consists of one Chair Person, Vice – Chair Person and 3 members. (can get the details by visiting the website of NCBC).
- As per the order issued by the Delimitation Commission in 2008, there are 84 seats reserved for Schedules Castes and 47 seats for the Schedules Tribes (Total – 131 – MPs for SCs and STs). These MPs ensures the rights and interest of SC/ST Population.